Weston Landlord Tenant Attorney

The Andrew M. Schwartz Legal Team represents landlords, property investors, business owners, and tenants in Weston and across Broward County, along with Palm Beach County, handling the disputes that follow a missed rent payment, a broken lease, or a falling-out between people who own property together. If you are looking for a Weston landlord tenant attorney, the first thing worth knowing is that Florida’s eviction notice rules are strict, and a landlord who gets the paperwork wrong at the start can lose weeks or months before a judge ever looks at the merits.

Weston has a large share of single-family rentals, townhomes, and investor-owned condominiums, many of them owned by people who live out of state or who manage the property from a distance. That mix produces a particular kind of dispute: an absentee owner who hears about a problem late, a tenant who stopped paying months ago, and a lease that nobody has read closely since signing. The decisions made in the first few days, including what notice to serve, whether to accept a partial payment, and whether to negotiate or file, often decide how the whole matter plays out.

Why Choose the Andrew M. Schwartz Legal Team for Landlord and Tenant Disputes

The Andrew M. Schwartz Legal Team is a South Florida business and real estate litigation firm serving clients in Weston, Fort Lauderdale, Boca Raton, West Palm Beach, and throughout Broward County and Palm Beach County. Andrew M. He earned his undergraduate degree at Emory University in 1986 and his law degree at the University of Miami in 1989. Joining him is Senior Counsel Sundeep Nath, a Northwestern-trained litigator with years of experience in business and real estate cases in state and federal courts.

Landlord and tenant disputes sit inside the firm’s broader real estate transactions and litigation practice, which includes failed closings, purchase and sale contract disputes, commercial and residential leases, and landlord and tenant matters. That breadth matters because these disputes rarely stay simple. A commercial tenant’s default may be tangled up with a guaranty. A rental property may be co-owned by former business partners who disagree about what to do. A lease dispute may turn on the exact wording of the agreement and the history of how the parties dealt with each other, which is the kind of contract work Mr. Schwartz’s career has been built around.

The firm practices as a true legal team, so everyone working on a matter knows the file, and a strict 24 hour return call policy applies when an attorney is in court. Clients are told plainly what a case is likely to cost against what it is likely to recover, because the right answer in a lease dispute is often the efficient one. The firm is experienced in mediation and arbitration as well as courtroom litigation, and it also handles local court appearances for owners who live outside Florida, including clients from New York, New Jersey, and Connecticut. In a recent matter, after a five-day bench trial in Broward County Circuit Court, the firm’s client received a 32-page final judgment awarding specific performance of a commercial real estate contract.

Common Landlord and Tenant Disputes in Weston

• Nonpayment of Rent: The most frequent dispute. Florida requires a written demand for payment or possession, and the tenant has 3 days to pay or leave, not counting Saturdays, Sundays, or court-observed legal holidays. A defect in that notice can undo the entire eviction.
• Lease Violations That Can Be Cured: Unauthorized occupants, pets, or other breaches that a tenant may fix. The landlord’s written notice must give the tenant 7 days from delivery to correct the problem before the landlord can terminate.
• Violations That Cannot Be Cured: Intentional damage to the property, destruction of another tenant’s belongings, or repeated unreasonable disturbances. For these, the landlord may deliver a notice of intent to terminate that gives the tenant 7 days to vacate, with no chance to cure.
• Tenant Claims Against Landlords: When a landlord materially fails to meet maintenance obligations or the lease terms, the tenant can give written notice and, if the problem is not fixed within 7 days, terminate the rental agreement.
• Month-to-Month and Open-Ended Tenancies: A tenancy with no set end date is ended by written notice delivered the way Florida law prescribes, and getting the notice wrong can restart the clock.
• Commercial Lease Defaults: Retail, office, and professional tenants in and around Weston often sign personal guaranties and long-term leases, so a default can mean claims against the business and the individual who guaranteed it.
• Co-Owned Rental Property: Siblings, former partners, or investors who share title to a rental sometimes cannot agree on rent, repairs, or a sale. The remedy may be a partition action or a title proceeding rather than an eviction.
• Withheld or Diverted Rent Money: When a manager, co-owner, or partner collects rent and does not account for it, the dispute is really about missing funds and may call for an accounting or emergency relief.

What a Weston Landlord or Tenant Should Do Right Now

Start with the lease and whatever paper trail exists. Pull the signed agreement, any addenda, every notice either side has sent, rent ledgers, and text messages or emails about payment or repairs. In Florida disputes the outcome frequently turns on what was written and when it was delivered, so the documents you can produce in the first week are worth more than anything you can reconstruct later.

If you are a landlord, the most important decision is which notice to serve, and it depends on the problem. Unpaid rent calls for the 3-day demand. A curable violation calls for a 7-day notice stating that the lease will be terminated if the problem is not corrected. A violation that cannot be cured, or one repeated within 12 months of a written warning, can support a 7-day notice of intent to terminate with no cure period. Choosing the wrong one, or leaving out required language, gives the tenant a defense that has nothing to do with whether they actually owe you money.

The second decision landlords stumble over is what to do when a tenant offers part of the rent after the notice has been posted. Accepting it does not by itself waive your right to terminate or sue. But Florida law requires you to handle it correctly: give the tenant a receipt stating the date, the amount received, and the agreed date and balance due before you file; place the partial payment in the court registry when you file; or serve a new 3-day notice reflecting the reduced amount. Skipping all three can hand the tenant an argument that you gave up the notice.

If you are a tenant, do not ignore a notice or assume it is invalid because it looks informal. Read the deadline, note how and when it was delivered, and respond in writing where you can. If you believe the landlord has failed to maintain the unit, send written notice describing the problem; the 7-day period starts from that notice, and oral complaints do not count. Withholding rent without following the statutory process is one of the most common and costly tenant mistakes.

When a case is filed, the court depends on the amount at stake and the relief sought. Disputes of up to $8,000 fall in small claims, and amounts above that and up to $50,000 are heard in county civil court. Larger disputes belong in circuit court. Because Weston sits in Broward County, those cases are heard in the Seventeenth Judicial Circuit, and county court matters are heard at the Broward courthouses, with the West Regional Courthouse in Plantation serving the western part of the county. Federal court in Fort Lauderdale is a separate track that applies only where federal jurisdiction exists. Before filing anywhere, talk to counsel about whether the claim is really an eviction, a money claim, or both, because the court, the speed, and the available relief differ.

Contract Deadlines That Quietly Run Out on Lease Claims

A lease is a contract, and Florida limits how long you have to enforce one. A claim founded on a written lease generally must be brought within five years. A claim built on an oral rental agreement or an implied arrangement has a shorter four-year period. If your claim involves fraud, the period is four years from discovery, capped at 12 years overall. A claim to rescind a contract has four years. Negligence claims, such as some injury or property-damage disputes arising on rental premises, must now be filed within two years for causes of action that accrued after March 24, 2023.

These periods matter because landlords often let unpaid balances, damage claims, and unreturned deposits sit while they hope a tenant will make good. Waiting is sometimes sensible, but it should be a decision rather than an accident. If the lease is the basis for a judgment, a Florida court judgment can be enforced for twenty years, which is a useful reason to turn a clear claim into a judgment rather than leave it as an informal debt.

When the Dispute Is Really About Who Owns the Property

Many rental problems in Weston turn out to be ownership problems. A property held by two or more people, whether former partners, siblings who inherited a home, or investors who bought together, can fall into stalemate when one owner wants to rent, another wants to sell, and nobody agrees on who pays for repairs. Florida allows a co-owner to ask a court for partition. The court can divide the property or, when division is not practical, order a sale and split the proceeds in proportion to each owner’s share. If the property is heirs property, a separate statutory framework applies that gives other relatives meaningful protections before a forced sale.

Title can also be the real issue when someone claims an interest in the property that the owner disputes. A quiet title action allows a court to determine ownership and remove a competing claim, and it can be filed in the county where the land sits. The firm handles these cases alongside its landlord and tenant work, so an owner does not have to hire separate counsel as the dispute changes shape.

Weston Landlord Tenant Questions Answered

How long does a tenant have to pay after a 3-day notice?

Three days from delivery of the written demand, excluding Saturdays, Sundays, and court-observed legal holidays. If the default continues after that period, the landlord may terminate the rental agreement. Because the count excludes weekends, a notice delivered late in the week can take longer to ripen than many landlords expect.

What is the difference between a curable and an incurable lease violation?

A curable violation is one the tenant can fix, such as an unauthorized pet or occupant. The landlord must give 7 days to correct it. An incurable violation, such as intentional destruction of property, allows the landlord to give a 7-day notice to vacate without offering a chance to correct the problem.

Can a landlord accept partial rent after serving a notice?

Yes, and accepting it does not waive the right to terminate or sue. But the landlord must either give a receipt with the date, amount, agreed date, and balance due, deposit the partial payment in the court registry on filing, or serve a new notice for the reduced amount. Doing none of these creates a defense for the tenant.

What can a tenant do if the landlord will not make repairs?

The tenant should send written notice describing the problem. If the landlord materially fails to comply with the rental agreement or its statutory maintenance duties within 7 days of that notice, the tenant may terminate the rental agreement. Following the process matters; stopping rent payments on your own can backfire.

How do I end a month-to-month tenancy in Florida?

A tenancy without a fixed end date is ended by written notice delivered in the manner Florida law prescribes for lease notices. The specifics, including how the notice is delivered and how much time it gives, depend on the type of tenancy, so check the requirements before sending anything.

How long do I have to sue over a breached lease?

Five years if the claim is founded on a written lease, and four years for an oral or implied rental agreement. Other claims tied to the same dispute, such as fraud or negligence, have different periods, so it is worth checking each theory separately.

Do I need a lawyer for an eviction, or can I file myself?

You can file yourself in a residential nonpayment case, but notice defects are the leading reason evictions fail, and a restarted case costs time and rent. For commercial leases, personal guaranties, or multi-owner properties, legal help is far more important because the claims overlap.

Can I handle a Weston rental dispute from out of state?

Yes. The firm regularly represents owners in New York, New Jersey, and Connecticut who hold rental or investment property in South Florida. We handle the local court appearances and keep you informed, so you do not need to travel for every hearing.

What happens if my co-owner and I disagree about renting or selling our property?

If negotiation fails, a co-owner may ask the court for partition. The court can divide the property or order it sold and divide the proceeds by ownership share. Where the owners are relatives who inherited the property, additional statutory protections can apply before a sale.

Can a landlord dispute turn into a claim for missing money?

It can. If a manager, partner, or co-owner collected rent and cannot account for it, the matter may involve claims for an accounting, breach of fiduciary duty, or recovery of funds, and emergency relief may be available to stop money from being moved while the case is pending.

Is mediation an option in a lease dispute?

Often. Many landlord and tenant disputes settle through negotiation or mediation, particularly when the tenant is willing to leave on agreed terms or the dispute is about money rather than possession. The firm is experienced in mediation and arbitration and looks for the path that serves the client’s goals and budget.

Serving Landlord and Tenant Clients Across Weston and South Florida

The firm represents clients in Weston and throughout Broward County, including Fort Lauderdale, Plantation, Davie, Sunrise, Pembroke Pines, Miramar, Coral Springs, Parkland, Coconut Creek, Deerfield Beach, Hollywood, Hallandale Beach, Tamarac, Lauderhill, and Cooper City. We also serve owners, investors, and tenants across Palm Beach County, including Boca Raton and West Palm Beach, and clients from New York, New Jersey, and Connecticut who hold rental property or business interests in South Florida.

Whether the dispute involves a single-family rental, a commercial lease, an investor-owned condominium, or a property shared between co-owners, the firm brings its business and real estate litigation experience to each case and appears in the state and federal courts that cover Broward and Palm Beach Counties.

Talk to a Weston Landlord Tenant Lawyer Before the Next Notice Goes Out

Whether you are a landlord who needs to serve a notice correctly or a tenant who has received one, a conversation with a Weston landlord tenant lawyer at the Andrew M. Schwartz Legal Team can clarify your options before a deadline passes. Call to schedule a consultation, and we will review the lease, the notices, and the facts, and tell you plainly what we think the best path is.